Wisconsin Legislature: Chapter ATCP 136

Chapter ATCP 136

MOBILE AIR CONDITIONERS; RECLAIMING OR RECYCLING REFRIGERANT

ATCP 136.01 Definitions.

ATCP 136.08 Technician training.

ATCP 136.10 Buying and selling refrigerant.

ATCP 136.12 Recovery and recycling equipment; approval.

ATCP 136.14 Recycled or reclaimed refrigerant; purity standards.

ATCP 136.16 Repair and service practices.

ATCP 136.20 Prohibited practices.

Note: This chapter is adopted under authority of ss. 93.07 (1), 100.20 (2), and 100.45 (5) and (5e), Stats. Violations of this chapter are subject to the penalties and remedies provided under ss. 93.06 (7) and (8), 100.26 (3) or (6), and 100.45 (6).

Note: Chapter Ag 136 was renumbered chapter ATCP 136 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 136 as it existed on February 29, 1996 was repealed and a new chapter ATCP 136 was created effective March 1, 1996.

ATCP 136.01 Definitions. In this chapter:

(1) “Approved refrigerant reclamation facility” means a reclamation facility certified by the United States environmental protection agency under 40 CFR 82.164.

Note: You may obtain a list of approved reclamation facilities by writing to Weights and Measures Bureau, P.O. Box 8911, Madison, WI 53708-8911.

(5) “Buy” or “purchase” means to acquire ownership rights.

(6) “Consign” means to deliver to another’s custody for sale.

(7) “Consignee” means a person who receives refrigerant from its owner on consignment.

(8) “Consignor” means an owner of refrigerant who consigns refrigerant to another’s custody for sale on behalf of the owner.

(9) “Individual” means a natural person.

(10) “Mobile air conditioner” means mechanical vapor compression refrigeration equipment used to cool the driver, passenger or cargo compartment of a motor vehicle.

(11) “Motor vehicle” has the meaning given under s. 100.45 (1) (c), Stats.

(11m) “Ozone-depleting refrigerant” means a substance used in refrigeration that is or contains a class I substance, as defined in 42 USC 7671 (3) or a class II substance, as defined in 42 USC 7671 (4).

(12) “Person” means any of the following:

(a) An individual.

(b) A corporation, partnership, limited liability company, business trust, cooperative, association or other business entity.

(d) A body corporate or politic.

(13) “Receive on consignment” means to receive for sale on behalf of another.

(14) “Reclaimed refrigerant” means used refrigerant that is purified at an approved refrigerant reclamation facility to meet applicable purity standards under s. ATCP 136.14 (2).

(15) “Recovered refrigerant” means used refrigerant, other than reclaimed or recycled refrigerant.

(16) “Recovery equipment” means equipment used to remove refrigerant from a mobile air conditioner or trailer refrigeration equipment without recycling that refrigerant.

(17) “Recycling equipment” means equipment used to recycle used refrigerant for sale or use as recycled refrigerant.

(18) “Recycled refrigerant” means used refrigerant that is recycled to meet applicable purity standards under s. ATCP 136.14 (1).

(19) “Refrigerant” means any substance used, sold for use, or designed or intended for use in a mobile air conditioner or trailer refrigeration equipment to transfer heat out of the space being cooled. “Refrigerant” includes a class I substance as defined in 42 USC 7671(3), a class II substance as defined in 42 USC 7671(4), and any substance used, sold for use, or designed or intended for use as a substitute for a refrigerant.

(20) “Sell” means to transfer ownership rights. “Sell” includes selling for another on consignment.

(21) “Technician” means an individual who is properly trained and certified in appropriate programs, as specified by the federal environmental protection agency under 42 USC 7671h.

(22) “Trailer refrigeration equipment” has the meaning given under s. 100.45 (1) (e), Stats.

(23) “Used refrigerant” means refrigerant that is removed from a mobile air conditioner or trailer refrigeration equipment.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; r. (2), am. (19), Register, January, 2001, No. 541, eff. 2-1-01; CR 13-043: cr. (11m) Register February 2014 No. 698, eff. 5-1-14; CR 15-015: r. (3), (4), am. (21) Register January 2016 No. 721, eff. 2-1-16.

ATCP 136.08 Technician training. No person may perform motor vehicle repair that releases or may release refrigerant from a mobile air conditioner or trailer refrigeration equipment or may install or service a mobile air conditioner or trailer refrigeration equipment that contains refrigerant unless that person is properly trained and certified in appropriate programs, as specified by the federal environmental protection agency under 42 USC 7671h.

Note: A list of currently authorized Mobile Air Conditioning Technician Training and Certification programs can be found here: https://www.epa.gov/section608/section-608-technician-certification-programs and here: https://www.epa.gov/mvac/section-609-technician-training-and-certification-programs

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; r. and recr. (1), r. (4), am. (5), Register, January, 2001, No. 541, eff. 2-1-01; CR 15-015: r. and recr. Register January 2016 No. 721, eff. 2-1-16.

ATCP 136.10 Buying and selling refrigerant.

(1) Container size; general. No person may buy, sell or consign refrigerant in a container holding less than 15 pounds of ozone-depleting refrigerant.

(2) Selling new or reclaimed refrigerant. No person may sell or consign new or reclaimed refrigerant, except to one of the following:

(a) A person who sells or resells that refrigerant in its original container, to persons identified under par. (b). A sale or consignment does not violate this paragraph if the seller or con-signor relies in good faith on a written statement from the buyer or consignee that does all the following:

1. Contains the legal name and business address of the buyer or consignee.

2. Guarantees that the buyer or consignee will sell or resell the refrigerant only in its original container.

3. Guarantees that the buyer or consignee will sell or resell the refrigerant only to persons identified in par. (b).

(b) A technician.

(3) Buying and selling recovered refrigerant.

(a) No person may sell or consign recovered refrigerant, except to one of the following:

1. A technician who sells or consigns the recovered refrigerant to the operator of an approved reclamation facility for reclamation at that facility, or who uses approved recycling equipment under s. ATCP 136.12 (3) to recycle the refrigerant for reuse in mobile air conditioners.

3. An approved refrigerant reclamation facility.

(b) Only the following persons may sell or consign recovered refrigerant to a person in this state:

1. A technician.

3. A person registered with the state of Wisconsin, department of natural resources under ch. NR 488.